2025:CGHC:15049 Digitally signed by SIDDHANT SIDDHANT TAMRAKAR TAMRAKARD

20 a 2 te 5 :

.04.01

1 + 1 0 : 5 5 3 8 0 :22 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 213 of 2019  Amit Nayak S/o Basant Nayak Aged About 29 Years R/o Asha Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s)

versus

1. Controller Of Examination, Central Board Of Secondary Education, Head Office Shiksha Kendra -2 Community Centre Preet Vihar, New Delhi (India), District : New Delhi, Delhi

2. Regional Officer Central Board Of Secondary Education, Regional Office, Todarmal Marg, Ajemer (Rajasthan)., District : Ajmer, Rajasthan

3. Section Officer, M And M, Central Board Of Secondary Education, Regional Office Todarmal Marg, Ajmer (Rajasthan)., District : Ajmer, Rajasthan ... Respondent(s)

(Cause Title is taken from Case Information System)

For Petitioner : Mr. R.K. Gomasta, Advocate For Respondents : Mr. T.K. Tiwari, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

28 . 03.2025

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 17.10.2018 (Annexure P/1) passed by the respondent no. 2.

10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus to the respondent authorities for changing the name and surname of the petitioner from Amit Singh Sidar to Amit Nayak, similarly the father name from Basant Singh Sidar to Basant Nayak in the school certificate of class-10th and class-12th issued by the respondent.

10.3 That this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

2. The facts of the present case are that the petitioner passed Class 10^th and

12^th Board Examination from All India Secondary School Examination (AISSCE) conducted by the Central Board of Secondary Education from MGM Senior Secondary School, Sector-6, Bhilai, District Durg, and certificates were issued on 24.05.2005 and 23.05.2007 respectively, and in those certificates the name of the petitioner is mentioned “Amit Singh Sidar” and his father’s name as “Basant Singh Sidar”. The petitioner and his father wanted to change their surname; therefore, they executed affidavits before the Executive Magistrate, Jharsuguda on 15.02.2016 and 15.04.2016 respectively, and changed names were published in the official gazette of Odisha, Cuttack on 18.03.2016 and 26.04.2016, respectively.

3. The petitioner moved an application before the Principal of MGM Senior Secondary School, Sector – 6, Bhilai, District Durg on 04.11.2017 for the change of surname in mark-sheets of Class - 10^th and 12^th and the matter was forwarded to the Central Board of Secondary Education. The representations moved by the petitioner remained pending since 09.01.2018, against which, the petitioner preferred WPC No. 1936 of 2018 and it was disposed of granting liberty in favour of the petitioner to make a representation before the Board. The petitioner made a representation and it was rejected vide order dated 17.10.2018 and against the said order, the instant petition has been filed.

4. Learned counsel appearing for the petitioner would submit that an Astrologer advised the petitioner to change the surname from ‘Sidar’ to ‘Nayak’, and therefore, an application was moved before respondent No. 2. He would further submit that in other documents like PAN Card and Aadhaar Card, the name of the petitioner is reflected as ‘Amit Nayak’. He would also submit that the respondent authorities ought to have considered the claim of the petitioner with regard to the change of surname.

5. On the other hand, Mr. T.K. Tiwari, counsel appearing for the respondents would submit that there is no typographical mistake in the name or surname of the petitioner or his father. He would further submit that the application was moved as an astrologer advised the petitioner to change the surname. He would also submit that the gr